TERMS AND CONDITIONS

GENERAL TERMS AND CONDITIONS

 

These General Terms and Conditions (hereinafter referred to as “GTC”) apply to legal relations between the company Bloom Cosmetics s.r.o., with registered office Bernolákova 7897/11, Bratislava - Administrative District Staré Mesto 811 07, Slovak Republic, registered in the Commercial Register kept by the District Court Bratislava I, section: Sro., REg. File No.: 140128/B, Company Registration Number: 51 228 637, Tax Registration Number:

2120644295, VAT Registration Number: SK2120644295, as the seller (hereinafter referred to as the “Seller”), and You as a buyer (hereinafter referred to as the “Buyer”), in connection with the order of goods from the online shop bloomrobbins.com (hereinafter referred to as “Online Shop”), and are an integral part of any distance purchase contract concluded between the Seller and the Buyer (hereinafter referred to as the “Contract”).

 

1. Introductory Provisions

 

1.1 Seller and Buyer (hereinafter collectively referred to as “Contracting Parties” and each of us separately as “Contracting Party”) we may agree in writing on a derogation

from the GTC, which will take precedence over the GTC.

1.2 The Buyer can only be a natural person who does not act in the conclusion and performance of the contract

within the scope of their business, employment or profession.

1.3 Relations between the Seller and the Buyer are governed mainly by Act No. 40/1964 Coll.

Civil Code, Act No. 250/2007 Coll. on Consumer Protection and Act No.

102/2014 Coll. on Consumer Protection in the Sale of Goods or the Provision of Services

based on a distance contract.

 

2. Ordering of goods and conclusion of the Contract

 

2.1 In the Online Shop the Seller offers goods for sale. All goods offers include

product name, main characteristics and information on the method of use. Offer also includes an indication of the availability, the total price of the goods, transport charges, or

the use of a payment method other than a means of payment. All presentation of goods

placed on the Online Shop is of an informative nature and does not represent an offer to conclude the Contract. The Seller is not obliged to conclude a Contract, especially in the cases listed below.

2.2 The Buyer orders the goods by pressing the button “Add to cart” to add the goods,

which he intends to buy, to the cart (hereinafter referred to as “Order”). After filling in

identification data, shipping and payment method, the Buyer will be informed about

the final purchase price of the goods. The final purchase price includes the price for goods placed in the cart, value added tax, shipping fees, or fees for the use of another

payment method than our means of payment. Before submitting the Order, the Buyer has

the option to check, correct and change the order. Send the order by clicking on

the button “Order with payment obligation”. The data specified in the order considers

the Seller as correct.

2.3 By sending an order, he makes a proposal for the conclusion of the Contract.

2.4 The Seller shall confirm receipt of the order to the Buyer by email. By delivering this

email is the Contract concluded.

2.5 By ordering the goods, the Buyer confirms that he is familiar with the fact that the part

of an order is also an obligation to pay the purchase price. By submitting the order, the Buyer further confirms that he has become acquainted with these GTC and that he agrees with them. These GTC are sufficiently notified to the Buyer before sending an order and the Buyer has the opportunity to become acquainted with its content.

2.6 In the event that the Seller additionally discovers the unavailability of any of the ordered

goods or incorrectly stated price, we propose to the Buyer to conclude the Contract

in modified form. In the event that the Buyer accepts such a proposal to conclude

modified Contract, such a modified Contract is concluded at the moment when the

acceptance is delivered to the Seller in the form of an email. If the Buyer does not accept proposal for Conclusion of the modified Contract, the Contract is cancelled and the Seller

immediately refunds to the Buyer the price for the goods, if it has been paid.

2.7 The Buyer agrees to use the means of distance communication when concluding the Contract.

 

3. Payment Terms

 

3.1 The price of the goods remains valid for the period during which it is displayed on the Online Shop. This provision does not limit our ability to conclude a Contract for individually agreed terms and conditions. The price of the goods is in the EUR currency including value added tax and all related charges, excluding charges for transport or, where appropriate, using a method of payment other than a means of payment. Charges for the transport of goods, fees for using a different method of payment than a means of payment

and any additional charges, if any, are not included in the price of the goods; and

will be notified to the Buyer during the execution of the Order and will be separately included in

the total final purchase price, which the Buyer undertakes to pay.

3.2 Unless otherwise agreed, you may choose any of the following payment methods, (i)

cashless by credit cards, or (ii) cash on delivery.

3.3 Receipt of payment shall the Seller confirm to the Buyer by email.

3.4 The Seller shall deliver the invoice to the Buyer by email after delivery of the goods and

the Buyer agrees with it by ordering the goods, or in paper form together with delivery

of the goods.

 

4. Terms of delivery

 

4.1 Information on the availability of the goods and the estimated time of delivery is given on the Online Shop in the description of the goods.

4.2 The Seller is obliged to deliver the goods to you no later than 30 days from the date of conclusion of the Contract, unless the Contracting Parties agree otherwise. Such another agreement, for example, is also longer information on the availability of the goods and the estimated time of delivery published in the Online Shop, with which the Buyer agrees when ordering the goods. If the Seller fails to fulfil its obligation to deliver the goods within the time limit referred to in the first sentence and does not deliver the goods in an additional reasonable period, if the Buyer provides it, the Buyer has the right to terminate the Contract.

4.3 The Goods will be delivered in the manner chosen by the Buyer during the purchase. The

Seller or the courier shall inform the Buyer of the expected time of delivery of the 

goods.

4.4 The Buyer is obliged to take over the ordered goods. The receipt of the goods shall be confirmed in writing on the delivery document, if required by the courier. When taking over, the Buyer is required to inspect the consignment and the integrity of the packaging properly and, in the event of any defects, notify immediately the courier and the Seller. If the consignment is incomplete, or damaged, the Buyer is entitled not to accept it. If the Buyer takes over such a consignment from the courier, he is obliged to describe the damage and describe the damage in the acceptance protocol or record of damage to the goods being transported. At the same time, it is necessary without undue delay, always no later than 24 hours that the Buyer notified this fact to the Seller and sent him photographs of the damaged goods. Otherwise, by signing the delivery note confirms that the consignment of the goods met all the conditions and delivery particulars. In the case of additional complaints of delivery of the injured party or incomplete goods or packaging, it is possible to claim such a shipment at the Seller if the Buyer proves that the complained defects had the goods already at the time of receipt of the consignment from the courier.

4.5 Goods will be delivered in most cases within a few days from ordering.

4.6 The Seller informs the Buyer about dispatching the goods by e-mail.

4.7 The Seller delivers the goods only on the territory of Slovakia and the Czech Republic, if

in an individual case, the Contracting Parties do not agree otherwise.

4.8 Taking over the goods to the Buyer passes ownership of the purchased goods. Ownership

right to the goods shall never pass to the Buyer before the full payment of the purchase price.

 

5. Withdrawal

 

5.1 The Buyer has the opportunity to withdraw from the Contract without giving any reason, within 14 days of receipt of goods. The withdrawal period shall be deemed to have been maintained if The Buyer sent the notice of withdrawal from the contract to the Seller no later than on the last day of that period.

5.2 The Goods are deemed to have been taken over at the moment when the Buyer or a third party designated by him except the carrier takes over all parts of the ordered goods, or if (a) Goods ordered by the Buyer in one order are delivered separately, at the moment

of the takeover of the goods which were delivered as the last one, or where (b) the goods are delivered while consisting of several parts or pieces, at the time of acceptance of the last part or of the last piece, or where (c) the goods are delivered repeatedly during the specified

period at the time of receipt of the first delivered goods.

5.3 If the Buyer withdraws from the Contract, the Contract shall be cancelled from the beginning, and each of the supplementary Contracts relating to the Contract from which he withdrew shall be cancelled as well. This also applies to

the situation where a gift has been given together with the goods. In this case, a deed of gift

shall also be cancelled and the Buyer is obliged to return the provided gift together with the

goods to the Seller.

5.4 The Buyer informs the Seller about the decision to withdraw from the Contract

via an unequivocal statement, such as a letter sent to the Seller's address; or

by email (hereinafter referred to as “Notice of Withdrawal”). For this purpose,

the Buyer can also use the withdrawal form, which forms an annex to these GTC

and which can be downloaded from the Online Shop by clicking the following link - Formular 

 

from the contract by the Seller shall be confirmed by the Buyer by email.

5.5 Upon withdrawal, the Buyer is obliged to hand over the goods to the Seller personally or send it to his address. The goods should be in its original packaging, as far as possible, or

in packaging, which will prevent its damage during transport, in full condition, including all

accessories supplied with the goods. The origin of the goods is the Buyer obliged to demonstrate, for example, by attaching the original or photocopy of the proof of purchase, the warranty card (if supplied to the goods) or other document proving the closure

of the contract.

5.6 In the event of withdrawal from the Contract, the Seller shall refund to the Buyer all payments from him accepted it under or in connection with the Contract, including transport costs, delivery and postage and other costs and charges, where such costs are incurred, namely no later than 14 days after the withdrawal from the Contract. Seller shall refund the payment to the Buyer in the same manner as he used in his payment, unless otherwise agreed. Such other agreement, however, will not entail charging additional fees. Seller is not obliged to pay the Buyer additional costs if the Buyer has expressly chosen another method

of delivery, such as the cheapest usual method of delivery offered by the Seller.

Additional costs mean the difference between the delivery costs that the Buyer chose, and at the cost of the cheapest usual method of delivery offered by us.

5.7 Upon withdrawal from the Contract, the Buyer shall bear only the costs of returning the goods to the Seller or to the person authorized by him to take over the goods.

5.8 When withdrawing from the Contract, the subject of which is the sale of goods, the Seller is not obliged to return to the Buyer the purchase price and payments according to the previous paragraph before the goods are delivered to the Seller or until the Buyer proves sending the goods back, unless the Seller proposes to pick up the goods personally or through an authorized person.

5.9 The Buyer is obliged to send the Goods back to the Seller or hand it over to him or

to the person authorized by him to take over the goods no later than 14 days from the date of withdrawal from the contract. This does not apply if the Seller suggests that we collect the goods personally or through the person authorized by him. The period referred to in the first sentence is considered to be retained if the Buyer handed over the goods for transport no later than the last day of the period.

5.10 The Buyer is liable only for the impairment of the value of the goods arising as a result of treatment of goods which is in excess of the treatment necessary to establish their

characteristics and functionality.

5.11 The Buyer acknowledges that it is not possible to withdraw from the Contract, the subject of which is:

• sale of goods subject to rapid deterioration or perishability,
• sale of goods enclosed in protective packaging, which is not advisable to return due to

health protection reasons or hygiene reasons and whose protective packaging has been damaged after delivery; or

• sale of goods, which by their nature may be inextricably

mixed with other goods.

5.12 Until the Buyer accepts the goods, the Seller is entitled at any time to withdraw from the Contract in case of circumstances which prevent him from delivering the goods under conditions agreed in the Contract, for example unavailability of goods at the manufacturer or supplier, or change in the price of the goods. The Seller will inform the Buyer

first after findings and return to him the purchase price, through a wire transfer to designated thereto account.

 

6. Warranty Terms and Complaints Procedure

 

6.1 The Seller is responsible to the Buyer for ensuring that the goods purchased by him are in conformity with

the Contract. That is, it is responsible for ensuring that the goods have quality and performance characteristics required by the Contract, described by it or by the manufacturer, or expected on the basis of advertising the goods, possibly for a thing of such a kind of common. The Seller is also responsible that the goods comply with the requirements of the legislation, in the respective quantity, measure or weight and corresponds to the purpose indicated for the use or for which the thing is usually used.

6.2 If the goods do not indicate a longer period, the warranty period is 24 months, with exceptions laid down by the relevant legislation. If there is

instruction indicated on the item sold, its packaging or attached to it, the warranty period does not end before the expiration of this time. However, if the goods bear the expiry date, in this case warranty period lasts only until the date of consumption. For things that are intended to be used for a longer time, special regulations provide for a guarantee period of more than 24 months. A warranty period exceeding 24 months may cover only some

parts of the thing.

6.3 The warranty period starts from the day when the Buyer took over the goods. The complaint is the Buyer entitled to apply by sending the claimed goods to the address of the Seller. Before sending the claimed goods and initiating the complaint procedure, the Seller recommends the Buyer to send him by email a photograph of the claimed goods, for the purpose of an informal assessment of the condition of the goods and obtaining non-binding information on the possible further procedure and outcome of the complaint procedure. In case of a complaint, the Buyer is obliged to prove the origin of the goods, for example by invoice, warranty card, if it was attached to the goods where appropriate, by other demonstrable means. The Buyer is also obliged to describe how the defect manifests itself.

6.4 If it is such a defect in the goods that can be eliminated, the Buyer has the right to have it

free of charge, timely and properly eliminated, and to eliminate the defect without undue

delay. Instead of eliminating the defect, the Buyer may require replacement of the item, or if

the defect relates only to the part of the thing, the replacement of the part, if the Seller does not incur disproportionate costs, given the price of the goods or the severity of the defect. Instead of eliminating the defect, the Seller can always replace the defective item with an impeccable one, if it does not cause serious difficulties to the Buyer.

6.5 In case of such a defect in the goods which cannot be remedied, and which prevents the goods from being properly used as a thing without defects, the Buyer has the right to the goods replacement or has the right to withdraw from the contract. The Buyer has the same rights even if the defects are removable but cannot for the re-occurrence of the defect after repair or for a greater number of defects properly use the goods. Re-occurrence of the defect after repair means that the defect, which has already been repaired at least twice during the warranty period, will occur for the third time. If these are other non-removable defects, the Buyer has the right to a reasonable discount on the price of the item.

6.6 Method of handling the complaint shall be determined by the Seller and handle the complaint immediately, in complex cases no later than three working days from the date of filing of the complaint, in

justified cases, in particular where a complex technical assessment of the condition of the goods is required no later than 30 days from the date of application of the complaint. After the expiry of that period shall the buyer have the same rights, as if it were a defect that can not be eliminated.

6.7 When filing a complaint, the Seller shall issue a written confirmation. The Seller shall

issue a written document about handling the complaint.

6.8 If the complaint is made by the Buyer within the first 12 months of purchase, the

Seller may handle the complaint and refuse it only on the basis of professional assessment. Regardless of the outcome of the expert assessment, the Seller will not require from the Buyer reimbursement of professional assessment costs and other costs related with expert assessment.

6.9 If the Buyer files a complaint of the goods after 12 months after the purchase and the Seller rejects it, in the complaint handling document we will indicate to whom you can send the product for expert assessment. If the Buyer sends the product for expert assessment to a designated person, the costs of the expert assessment as well as any other related purposefully incurred costs shall be borne by the Seller, regardless of the result of the expert assessment. If by professional assessment, the Buyer proves the Seller's liability for the defect, the complaint may be reapplied. During the execution of the professional assessment of the warranty period does not elapse. In this case, the Seller shall reimburse the Buyer within 14 days from the date of re-filing the claim all costs incurred for expert assessment, as well as all associated costs incurred purposefully. Complaint thus reapplied shall not be rejected.

6.10 The warranty does not apply to wear and tear of goods caused by their normal use; or

defects resulting from unprofessional handling or exploitation of goods.

6.11 The period from the exercise of the right of liability for defects until the time after the end of the repairs the Buyer was obliged to take over the goods, is not counted in the warranty period. If there is replacement, the warranty period starts to run again from the receipt of the new goods.

6.12 A warranty card can also be delivered together with the goods. Unless delivered, it is replaced by an invoice.

7. Alternative Consumer Dispute Resolution

 

7.1 If the Buyer is not satisfied with the manner in which the Seller has dealt with his complaint or if he believes that the Seller has violated his rights, he has the right to contact the Seller with a request for a remedy.

7.2 If the Seller responded with rejection to the Buyer's request for redress

or did not not reply within 30 days from the date of its dispatch, the Buyer has pursuant to Act No. 391/2015 coll. on alternative resolution of consumer disputes a right, in order to protect his consumer rights, to submit an application to initiate an alternative dispute resolution to the entity of alternative dispute resolution. The Buyer's option to go to court is not concerned.

7.3 The alternative resolution of a consumer dispute begins with the Buyer's application. An application must contain legally prescribed formalities and may be filed in writing in paper

form, electronic form or orally in the minutes. For filing an application may the Buyer use the form that is available on the website of the alternative dispute resolution entity. An alternative dispute resolution entity is obliged to act independently, impartially, with due professional care, with a view to settling the dispute and to take into account

protection of the rights and legitimate interests of the parties to the dispute. If the parties to the dispute are interested in a conciliatory settlement of the dispute, the alternative dispute resolution entity shall draw up a draft agreement to resolve the dispute. The concluded agreement shall be binding. If the parties to the dispute do not enter into a dispute settlement agreement and the alternative dispute resolution entity concludes that the Seller has violated the Buyer's rights, he shall terminate alternative resolution of the dispute by issuing a non-binding reasoned opinion. Alternative dispute resolution entity will postpone the application if it is not apparent that the Seller has violated the rights of the Buyer. Alternative dispute resolution is free of charge. Alternative dispute resolution entity

however, may require a fee of no more than EUR 5, including VAT from the Buyer

7.4 Alternative Dispute Resolution entities are Slovak Trade Inspection (www.soi.sk), or other entities included in the list of entities of alternative dispute resolution kept by the Ministry of Economy of the Slovak Republic (www.mhsr.sk). In the event of a cross-border dispute, the Buyer also has the right to contact the European consumer center (www.esc-sr.sk), which will provide him with an address for delivery, an electronic address or telephone contact to an alternative dispute resolution entity, with a jurisdiction to resolve its dispute. The buyer also has the right to an alternative settlement of any dispute through the European platform for online dispute resolution (ec.europa.eu/consumers/odr/main/).

 

8. Final Provisions

 

8.1 Relations between the Seller and the Buyer are governed by the law of the Slovak Republic. If the relationship contains an international (foreign) element, it is governed by the Slovak law. This is without prejudice to consumer rights arising from the generally binding legislation.

8.2 The contract is concluded remotely by means of long-distance communication and

can be concluded in the Slovak language.

8.3 If any provision of the Agreement is invalid or becomes invalid, it shall be without prejudice to validity of other provisions of the contract.

8.4 In case of any questions, complaints, initiatives or requests for redress, the Buyer

may contact the Seller at any time, for example by email to hello@bloomrobbins.com

or by dialing the phone number +421 908 740 020.

8.5 The supervisory authority in the field of trade business is the Department of Trade licensing, District Office Bratislava, Tomášikova 46, 832 05 Bratislava

(https://www.minv.sk/?okresne-urady-klientske-centra&urad=1&odbor=3, 09610 46

200). The supervisory authority in the field of personal data protection is the Office for the Protection of Personal Data of the Slovak Republic, with registered office Hraničná 12, 820 07 Bratislava (www.dataprotection.gov.sk, statny.dozor@pdp.gov.sk, +421 /2 3231 3214). Supervision authority in the field of consumer protection is the Slovak Trade Inspection, with its registered office at Prievozská 32, 827 99 Bratislava (www.soi.sk, ba@soi.sk, 02/58 27 21 72).

8.6 The Seller may amend and supplement the wording of the GTC unilaterally at any time. New GTC enter into force on the date of their publication on the online shop and cancel

GTC valid until then. This provision shall be without prejudice to your rights and obligations which were formed before the effective new GTC.

8.7 Due to the method of concluding the Contract, the Contract will not be specifically imposed with us and available on request. The GTC will be available at any time on the Online Shop.